Shetar’s Effect on English Law
The essence of this report, copied from The Georgetown Law Journal, is its historical explanation of what a Mortgage is and how it relates to a Lien on property.
As the author, Judith A. Shapiro, states: “Most important, the encumbrance of real property permitted by the Jewish Law of the shetar had been adopted by English law. Bonds contained the traditional Hebrew formula pledging “all my goods, movable and immovable.” Creditors had the statutory right to execute against the debtor’s land. No longer were personal obligations and rights in land rigidly separate. Even while Edward was divesting himself of his Jewish moneylenders, he made their legacy permanent. A small but significant principal of Jewish Law, wherein personal debt supersedes rights in real property, had become the law of the land.”
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